City of Prestonsburg v. Mellon

Opinion op the Court by

Judge Logan

Affirming.

Prestonsburg is a city of the fifth class. The appel; lees own a house and lot in that city. The instituted a •suit against the city, James Nunnery, and the Colonial Coal & Coke Company, in which they sought to recover damages for an alleged injury to their property. The "basis of their complaint is that James Nunnery put in a draintile on his lot which was too small and too high .above the surface of the ground to carry off the water which accumulated above a certain culvert and the property of Nunnery. They alleged that, because the water could…